Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-18
APPLICATION ZOE PATENT.

~ 49,
APPLICATION yoR PATENT.
Where papers have once been nlsd with the
Register and Receiver they become . part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted 10 the Gen
ersl Land once.
An application will be rejected when the
scr1ption Of the premises 10 erroneous or
sufhcient.
Application for patent will DO rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
5econd-The notice was not published In .
new p designsted - published nearsstthe
claim.
Third-Rscord title was found defective.
and
Fourth-A previous application had been
made for the same premises, which was with
drawn pending Q snit in Court commenced by
the adverse claimant.
An application for patent viii be rejected
when the survey does not accurately define the
boundaries OF the lain
Where the claim was not located In scoord-
sncs with law.
Where several parties own separate and dis
tinct portions Of . claim. application for
patent may be made by either for tn 81 portion
Of the claim owned by him: but where several
parties own undivided interests In Q mining
claim all should Join In an application for .
patent.
A person or association may purchase -
many placer locations - Inc local Law admits,
and embrace them all In one application for .
patent.
Two or more lodss cannot be embraced n
one application for . patent except for placer
claims embracing two or more lodss within
their boundaries
Papers sworn 10 before any person purport-
ing to act a. . deputy for the Register and Re-
ceiver cannot be recorded ~ evidences.
In all patents for mining claims situatsd
within the interior boundaries OF Q town site
. clause 10 inserted "excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots.
blocks. streets. alleys or other municipal i'm
provements not belonging TO the grantee here
in, and all rights necessary or proper to the
occupation. possession and enjoyment Of the
same"
publication Of notice must be made a only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly nswspspers, and in daily
newspapers 90 days must elspse between the
| fret and last insertions.
| Where the Register designates the q ally issue
Of 8 newspaper fer publication Of notices Of Q
mining application for patent IL 10 not q com.
pliance with Law 70 change to the weekly sdi.
tion OF the sans paper without authority Of
the Register.
The existence OF Q salt spring on . tract Of
land withdrsws It from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the Agricultural
character Of such land 10 mot allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADvxRsx cLAnxs.
Adverse claimants must Ale Q separate ana
distinct claim against each application which
IL 10 alleged conflicts with the premises owned
| by such adverse claimant.
The papers In an adverse claim. once fled
cannot be wtthdrawn,b but become 90 Q part Of the
record.
When an adverse claim has been nlsd It can.
not be amended so a. to embrace Q larger pcr.
ton of the premises than that described In tn
original adverse claim.
An adverse claim must be made out In
proper form and hied In the proper local OH &c
during the period Of pubics.ion Of the sppii.
cation for the patent to be effective.
1t 10 the duty Of the adverse claimant Q
commence suit in proper form within the re-
quired time. and IL he trusts the uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue. through misfortune or accident. should
the failure to commence suit be the result Of
the corrupt or dishonest action Of his s~stsrney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions OF Law, without stating the
facts specially, Will not be considered In eyi.
dence.
An adverse claimant should show q compii.
ance with the local laws In recording hts clsim
and In regard to expenditures. and shall ME A
copy Of the original notice Of his location, and
show the nature or extent Of the onAict
alleged.
An allegation Of parties to . suit that they
compose the company 10 sufncisnt. and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
A~oHIcuLruRAL on MINERAL LAxDs.
Where land is of little. II any vslue. for .or,.
cultural purposes. but IL essential to the
proper development Of mining cIaims. n
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agricultural
entry. said entry will be cancelled q any time
prior to issuance Of patent. upon satisfactory
evidence Of the existence Of such valuable de.
posits.
Where valuable deposits Of mineral are dis.
covered upon 9 tract after the samt iAs been
entered a. agricultural. but before / skent has
been issued. the parties claiming the mine
may make application for patent for same,
and the agricultural entry viii be cancelled 10
that portion Of the land embraced BY said
mining claim.
Where miners deposits are discovered on
Agricultural lands after the patent has been
issued to an agricultural claimant, thsy pass
with the patent.
ASrlculSufAl Oollege scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make 4 mining location
dispose OF 1t. provided no becomes a citizen
before disposfng OF the mine. Roof that the
party was not 3 citizen before disposing Of his
claim must be afirmativeiy shown.
Locators and intermediate owners. other
thar applicants. viii not be presumed aliens.
IN the absence Of allegation or objection prior
The portion Of . mining claim sold 10 an
alien cannot be pstented while such owner is
an alien; but on his declarations 0 become a
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LHDGEs.
Revised Statutes. Section 1855:
Where two or more lodges cross or fntsrsect
each other, priority Of title shall govern, ana
such prior location shall be entitled TO eli ore
or mineral contstnedw within the space Of inter.
section. but the subsequent location shall have
the right OF way through the space Of inter.
lection for the purpose Of the convenient
working OF the mine. And where two or more
veins unite the 0ldast ~ n~tr~ lon.Ao- A-,t